Robert J. and Anne L. Wilson - Page 3

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          proceeding.  The property was needed to widen and improve Route              
          355 in Gaithersburg, Maryland.  In Wilson I, we held that of the             
          $62,937 condemnation award received by petitioners, $34,618 is               
          allocable to prejudgment interest.  Furthermore, petitioners                 
          conceded that $1,333 of the $62,937 is taxable as postjudgment               
          interest income.                                                             
               In 1989, petitioners paid $26,341 for attorney's fees                   
          incurred in connection with the condemnation proceedings.                    
          Petitioners did not claim the expenses on their 1989 return,                 
          since they believed the fees were not deductible because they                
          were attributable to a condemnation award eligible for                       
          nonrecognition of gain pursuant to section 1033.                             
               Respondent determined in the notice of deficiency for 1989              
          that petitioners had unreported dividend income of $1,677.                   
          However, on brief, respondent conceded that for 1989 petitioners             
          had unreported dividend income of only $573.  In Wilson I, we                
          found that for 1989, petitioners received a $2,105 dividend                  
          distribution from the T. Rowe Price stock fund (stock fund),                 
          which they failed to report on their 1989 income tax return.                 
               In 1989, petitioners received $27,206 on the sale of the                
          stock fund.  Petitioners did not report the sale on their 1989               
          tax return.  Respondent determined in the notice of deficiency               
          for 1989 that petitioners had a $29,904 unreported capital gain.             
          However, the notice of deficiency failed to give petitioners                 
          credit for their basis in the stock fund.  On brief, respondent              




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